APHC010053582018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2385/2018 Between: 1. SMT. BOLLU VIJAYA LAXMI,, W/O. BOLLU PRASAD BABU, AGED ABOUT. 29 YEARS, OCC.UN-EMPLOYEE, R/O. H.NO. 2-14, PEDDA GUMMADAPURAM VILLAGE, MUSALA MADUGU POST, KOTTAPALLI MANDAL, KURNOOL DISTRICT, AP. ...PETITIONER AND 1. PRL SECY CIVIL SUPPLIES DEPT, THE STATE OF ANDHRA PRADESH., REP. BY ITS., PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, VIJAYAWADA, KRISHNA DISTRICT, AP. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL TOWN AND DISTRICT, AP. 3. THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DIVISION AND DISTRICT, AP. 4. THE TAHSILDAR, KOTHAPALLY MANDAL, KOTHAPALLY TOWN AND MANDAL, KURNOOL DISTRICT, AP. 5. SMT ZADDU NAGAVENI, W/O. MOOGI SRINIVAS REDDY, AGED ABOUT. 21 YEARS, OCC. FP DEALER TO BE APPOINTED, R/O. H.NO. 1-798, KRISHNAPURAM VILLAGE, KURNOOL DISTRICT, AP. ...RESPONDENT(S): 2 VS,J W.P.No.2385 of 2018 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the illegal action of the respondent authorities, particularly the 3rd Respondent herein, illegally appointing the 5th unofficial respondent as fair price shop dealer, shop No. 24, in Pedda Gummadapuram Village, Kurnool District, AP, bypassing their own rules and guidelines, though the petitioner got the highest marks in the written test, and same as been illegal, arbitrary, unjust, and its nothing but misuse of their official powers, and violation of Article 14, 16 of Constitution of India, and consequently direct the respondents herein to appoint the petitioner as fair price shop dealer in Pedda Gummadapuram Village, by set aside or not to appoint the 5th unofficial respondent as fair price shop dealer, shop No. 24, in Pedda Gummadapuram Village, Kurnool District, AP, and to grant IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein, to appoint the petitioner as fair price shop dealer, shop No. 24, in Pedda Gummadapuram Kurnool District, AP, by suspend / stay the appointment of the 5th unofficial respondent, as fair price shop dealer, shop No. 24, in Pedda Gummadapuram Village, Kurnool District, AP, pending disposal of the main Writ Petition, and to pass IA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 06.02.2018, made in I.A.No.1/2018 in W.P.No.2385/2018 and pass Counsel for the Petitioner: 1. G R SUDHAKAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.2385 of 2018 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the illegal action of the respondent authorities, particularly the 3rd Respondent herein, illegally appointing the 5th unofficial respondent as fair price shop dealer, shop No.24, in Pedda Gummadapuram Village, Kurnool District, AP, bypassing their own rules and guidelines, though the petitioner got the highest marks in the written test, and same as been illegal, arbitrary, unjust, and it’s nothing but misuse of their official powers, and violation of Article 14, 16 of Constitution of India, and consequently direct the respondents herein to appoint the petitioner as fair price shop dealer in Pedda Gummadapuram Village, by set aside or not to appoint the 5th unofficial respondent as fair price shop dealer, shop No. 24, in Pedda Gummadapuram Village, Kurnool District, AP ….” 2. When the matter came up for admission on 30.01.2018, this Court passed the following interim order: “….status quo obtaining as on today shall be maintained.” The said interim order has been extended until further orders. 3. The respondent No.4 has filed a detailed counter, wherein it is stated that a notification was issued on 01.01.2017 for filling up vacancies of Fair Price Shop dealers in Kurnool Division, including the subject Fair Shop No.24 of Pedda Gummadapuram Village, Kothapalli Mandal, Kurnool District. As per 4 VS,J W.P.No.2385 of 2018 the 100-point roster, the said shop was reserved for O.C. (Open Category) women. In response to the said notification, six women candidates applied for the post of dealer for the subject shop and secured the following marks in the written examination. Sl.No. Hall Ticket No. Name of the applicant Marks 1. 5100 Smt.S.Pushpavathi, W/o S.Venkata Ramana 45/80 2. 5101 R.Hima Bindu, D/o R.Narasanna 48/80 3. 5102 R.Mallika D/o R.Narasanna 44/80 4. 5103 Smt.B.Sreelekha W/o Murali 50/80 5. 5104 Smt.Bollu Vijaya Lakshmi W/o Bollu Prasad Babu 56/80 6. 5105 Smt.P.Nagaveni W/o Sreenivasulu 54/80 4. It is further stated that, based on merit, three candidates were shortlisted and called for an oral interview for 20 marks. This information was also published through proceedings of the Revenue Divisional Officer vide Rc.B.1087/2017, dated 22.10.2017. After conducting the oral interview, the total aggregate marks obtained by the three candidates are as follows: Sl. No. Hall Ticket No. Name of the Applicant Written Exam Marks Oral Total 1. 5103 Smt.B.Sreelekha W/o Murali 50/80 06/20 56/100 2. 5104 Smt. Bollu Vijaya Lakshmi W/o Bollu Prasad Babu 56/80 04/20 60/100 3. 5105 Smt.P.Nagaveni W/o Sreenivasulu 54/80 08/20 62/100 5 VS,J W.P.No.2385 of 2018 5. In view of the above, Smt.P.Nagaveni secured the highest marks and was accordingly appointed as the Fair Price Shop dealer of the subject shop, vide proceedings dated 30.12.2017. She was also directed to apply for Fair Price Shop authorization immediately. It is further submitted that the process of appointment was completed prior to the interim order passed by this Court on 30.01.2018. Therefore, there is no willful or intentional disobedience of the orders of this Court, and prays to dismiss the writ petition. 6. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 7. As per the counter affidavit filed by respondent No.4, it can be seen that the petitioner secured 56 marks in the written examination and 4 marks in the oral interview, totaling 60 marks, whereas the 5th respondent secured only 54 marks in the written examination and 8 marks in the oral interview, totaling 62 marks out of 100 marks. As the 5th respondent stood meritorious than the petitioner, she was appointed as the Fair Price Shop dealer on 30.12.2017, i.e., even prior to the interim order passed by this Court on 30.01.2018. 8. In view of the above, since the respondents have appointed the 5th respondent by following the due procedure and as she secured more marks when compared to the petitioner, this Court is not inclined to interfere in the mater. 9. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. 6 VS,J W.P.No.2385 of 2018 As a sequel, miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE V.SUJATHA Date :02.09.2025. KGR